Criminal Liability for Environmental Crimes: A Comparative Legal Analysis and Implementation Prospects for Legal Entities in Russia

Abstract

This article provides a comprehensive analysis of one of the most controversial issues in contemporary Russian criminal law: the recognition of a legal entity as a subject of an environmental crime. The authors consistently argue that the existing paradigm, which limits the scope of criminal offences exclusively to individuals, is archaic and unresponsive to the challenges of the times, as it fails to adequately respond to large-scale anthropogenic environmental threats. Particular emphasis is placed on the fact that a significant number of environmental violations, particularly those emanating from large industrial enterprises, are not the result of isolated actions by ordinary employees, but rather the result of corporate-level environmental policies, decision-making systems, and a general culture of disregard for environmental standards in favor of economic gain. The study meticulously examines the historical path and current legislative attempts to establish criminal liability for legal entities in the Russian Federation, identifying systemic legal and doctrinal barriers that impede the adoption of relevant regulations. To form a comprehensive picture and demonstrate the viability of the proposed models, a detailed comparative legal analysis is conducted of the criminal legislation of a number of foreign countries - Estonia, the Netherlands, China, and Hungary - where the institution of criminal liability of legal entities for environmental crimes not only exists but also functions successfully. Based on the synthesis of the obtained data, the authors come to the conclusion about the urgent need and conceptual possibility of the reception of this institution into the Russian legal system, formulating specific proposals de lege ferenda aimed at the effective protection of the environment by means of criminal law.